§ 150.001 SWIMMING POOLS; ENCLOSURE.
   (A)   (1)   Every outdoor private, residential, or family pool containing at least 24 inches of water shall be enclosed at ground level by a barrier or fence with a minimum height of four feet and a maximum height of six feet. There shall be no opening in the fence that permits passage of an object of four inches in diameter or larger. All gates must have locking hardware to prevent access when not in use. Solid barriers which do not have openings, such as masonry or stone wall, shall not contain indentations or protrusions, except for normal construction tolerances and tooled masonry joints.
      (2)   In addition to the above requirement, when the wall of a dwelling serves as part of the barrier, one of the following conditions shall also be met:
         (a)   The pool shall be equipped with a powered safety cover in compliance with ASTM F 1346; or
         (b)   Doors with direct access to the pool through the wall of the dwelling shall be equipped with an audible alarm; or
         (c)   Other means of protection, such as self- closing doors with self-latching devices, which are approved by the governing body, shall be acceptable, so long as the degree of protection afforded is not less than the protection afforded by divisions (a) and (b) above.
         (d)   Where an above-ground pool structure is used as a barrier, or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps:
            1.   The ladder or steps shall be capable of being secured, locked or removed to prevent access; or
            2.   The ladder or steps shall be surrounded by a barrier or fence with locking hardware to prevent access when not in use.
      (3)   The intent of this barrier requirement is to prevent the uncontrolled access to a pool or spa from adjacent properties, and from the home.
   (B)   All fences enclosing private, residential, or family pools shall be constructed to conform to the requirements of the City Building Code regulations.
   (C)   All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times.
   (D)   This section shall be applicable to all existing outdoor private, residential, or family pools, and to all new outdoor private, residential, or family pools hereinafter constructed, other than indoor pools, and shall apply to all pools which have a minimum depth of 24 inches of water. No person in possession of land within the city or the jurisdiction of its zoning ordinance, either as owner, purchaser, lessee, tenant, or licensee, upon which is situated an outdoor private, residential, or family pool, having a depth of 24 inches or more, shall fail to provide and maintain such fence or wall as herein provided.
   (E)   Drainage of said swimming pool must not be onto any adjoining property. There shall be no drainage of said swimming pool into the sanitary sewer of the city. Drainage may be permitted into the storm sewer provided the chemicals contained in said swimming pool are first diluted. All chemicals for said swimming pool must be stored in a secure area.
   (F)   All newly constructed swimming pools must be inspected by the City Building Inspector prior to being filled with water for the first time.
(’72 Code, § 9-106) (Ord. 1307, passed 5-11-89; Am. Ord. 1874, passed 7-8-04; Am. Ord. 2106, passed 9-27-12) Penalty, see § 10.99